Gidar Manuel Cuevas v Baruti Construction Corp. .

Motion No: M-3763

Slip Opinion No: 2018 NYSlipOp 85058(U)

Decided on October 2, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 2, 2018

Gidar Manuel Cuevas,

Plaintiff-Respondent,

v

Baruti Construction Corp.,

Defendant-Appellant.

Baruti Construction Corp., Third-Party Plaintiff,Third Party v Index No. 83700/15

Dynasty Roofing Siding and

Waterproofing, LLC, et al., Third-Party Defendants.

-------------------------------------X Defendant-appellant/third-party plaintiff having moved for a stay of trial pending hearing and determination of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about July 10, 2017, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied as moot, the appeal having been decided. ENTERED: October 2, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3763

Index No. 306798/13